Technical Area (Sectoral) Profile: Organisational and Legal Framework of Local Self-Governance

Today, the right of local communities to local self-governance is specified in the Constitution and the European Charter of Local Self-Government, which has been ratified by Ukraine. Local government authorities in Ukraine have the right to decide on issues of local importance. The system of local self-governance in Ukraine consists of village, town, and city councils, as well as their executive agencies and village, town, and city mayors. In some larger cities, which are divided into city districts, there are also city district councils with their executive agencies. The village, town, and city Head (Mayor) presides at meetings of the corresponding council and heads its executive agency, which is appointed by the council upon the proposal of the Head. The second person on the council hierarchy is the Secretary of the Council, who is elected from among the deputies and acts as the Head in case the latter is absent. The council makes legal and regulatory decisions, including approving the local budget, annual and strategic plans of territorial development, managing municipal property, establishing individual local taxes, and regulating their rates. Executive agencies of the council carry out executive functions of local self-governance in these and other areas, as well as certain state-provided authority of public executive power, particularly in the areas of education, healthcare, social welfare, and culture. Rayon and oblast councils, which are elected to administer jointly owned entities by local communities, approve rayon and oblast budgets and development plans for their corresponding territories. These councils do not have executive agencies of their own, and their functions are performed by rayon and oblast state administrations. The current legal framework for local government activities in Ukraine is based on a set of laws, including the Constitution of Ukraine, the European Charter of Local Self-Government, and various laws on local self-governance, local state administrations, public service, and other related areas. These laws specify the rights and responsibilities of local government authorities, the structure and functions of local self-governance, and the procedures for decision-making and implementation. Additionally, the Constitutional Court of Ukraine has issued several resolutions on the official interpretation of provisions related to local self-governance, which provide further guidance on the application of these laws.